A wireless provider shall comply with an authority's prohibition on a communications service provider installing a structure in the right-of-way in an area designated solely for underground or buried cable and utility facilities, if:

1. (1) the prohibition is reasonable and nondiscriminatory; and

2. (2) the authority:

   1. (a)

      1. (i) requires that all cable and utility facilities, other than an authority pole and attachment, be placed underground; and
      2. (ii) establishes the requirement in Subsection (2)(a)(i) more than 90 days before the day on which the applicant submits the application;
   2. (b) does not prohibit the replacement of an authority pole in the designated area; and
   3. (c) permits a wireless provider to seek a waiver, that is administered in a nondiscriminatory manner, of the undergrounding requirement for the placement of a new utility pole to support a small wireless facility.

Enacted by Chapter 299, 2018 General Session